1925-06-05 — Page 8

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"SELTONA”. ·

THE HONGKONG DAILY PRESS, FRIDAY, JUNE 5r 1925

8a

COLLODION-SELF TONING PAPER.

FORENSIC ELOQUENCE.

GOOD STORIES OF THE LEGAL PROFESSION.

ment of humour in the episode to which attunement would not have been out of! placy, or damaging to the plaintiff. But the inatter was in the hands of a very merious-minded counsel, 'who opened the case as portentously as if it involved a charge of manslaughter. In monotonous drons he thus began:

Such a splendid field for the exercise of eloquence as the Law Coutts provide,

This, my hard, is not a story of an coupled with the stories told of great law. yers of the past who held audiences pell ordinary fowl straying on the highway bounil by their oratory, lends naturally to add causing an accident. It is a story the expectation that at Temple Bar my tord, of a chicken deliberately flying silvern speech will be found in its highest out of a hedge iste the more of my development. The facts somewhat run client's bicycle wheel, and precipitating tradies that iden. Hard would be the him to the ground. I hope to be able task of ending a single practising counsel show, my lord. beyond all shadow of of the present day of whom it could truth-doubt, that my client was in no way fully be said that, by reason of his gifts blame, but that the defendant was culp of speech alone, he enthralls listeners. Inbly negligent in permitting his towls to Forensic oratory is not only a sadly neg-run loose in such a way as te imperil the lected at a rapidly decaying art. The lives of his Majesty's subjects,", law makes no demand for rhetoric, and

The prisiting judge was so nentely has remarkably few even inderately moved by this horrifying picture of mall! good rhetoricians. The law student mayeisus chickenheit that he hid his emotion be advised, but he is not compelled, to

for a moment whind a sheltering, hand. study and practise elocution, He "daily

.

THE BANDAS BEFORE."

10

sces around him men at the Bar whe have achieved success, not through their + oratorical powers but in spite of a very Admittedis, there is some excuse to be mworthy substitute for thein, and, draw-found for the saporific style of Ploquença ing the moral he avoids the stails. The of the average equity lawyer, constantly situation was weil pit by Sir. Roland plunged, as he is, in subjects for the most Vaughan Williams in the Court of Appeal part depressing. The reading of dreary some years ago, When inviting the late documents with of repented phrases hour Lord Moulton (then Mr. Moniton, K.) after hour has a deadening effect. Thank to begin his opening of an appeal on a fal is the whole Court if in such cir highly scientific nud techincal subject, curatanes, the counsel ventures & car- with one of his "admirable lectures. he tailmens and claims in ustidcution, na went on. "Eloquence, you know, has he has sometimes done, the precedent of ceased to be fashionable, except in patent the clerie who, reading the ard chapter €1809. Now that the great patent law of Daniel and growing weary of repeat yer is no more, even that exception might ing the phrase the sound of the cornet, safely be omitted.

Aute, harp. siekbut, psaltery, and dulci- Upon this matter misconception onymer. is said to have substituted and easily, arise, and should therefore be the band as before. forestalled. It is nowhere suggested that

Scener or later it is observed by those the Law Courts should become the arena who frequently visit the Law Courts. of rhetorical exhibitions. The dramatic that power and dignity are often lost at emotionalism of the stage is not asked for, the Bar, not through lack of eloquence. much less the studied declamation of the but through some fault of delivery or ancient lawyer who hired claques to apsel are on the stubbly field of cross-

action. This is taninly seen when coun pland his elaborate periods. Such per examination. Take our friend of her-

formances would be ridiculed. But even

*i*

they could hazilly be less distressing than curini temperament, for instance. Up he much of the crude address that now jumps the moment-his turn comes, raises amazes listeners. How very few counsel his drooping gown to his shoulders, and witness: Now there are, and they by no means conan thus challenges the ed to the seniors, who have the gift of listen to uv, sir, and let us get at the

truth, sir." clear and concise expression and narva-

His way of getting at the tion. Sympathy will readily End an ex. truth is to violate Baren Alderson's dic- cuse for the verbal offence of the nervous tam that the art of cross-examination fedgling denly called upon to open det to the winds: will have nothing to is not to examine crossly. He throws a case who tells the judge that his leader do with sweet inveiglement; treats the

on his legain another court, hut no excuse seems possible for the experienced witness as an enemy and a potential per learned King's Counsel who once put the jurer. He has a long list of questions. following rigmarole to a witness a and an unhappy way of putting them, It A would arm that answers are the last thing he desires, for he has no patience to wait for them. Perhaps the witness gets exited too, and a mystifying story is built up. This type of advocate bas the falling of the general who pursues the enemy too far. He falls into diffi culties, and is liable to be ambusted. Very likely be extracts an answer which If he were discreet serves his client welk he would be satisfied and put it to the best use in his concluding speech.

question:

"Did you know you did not, but i

an bound to put it to you on the 25th- it was not the 25th-really it was the 94th it is a mistake in my brief-see the de- fendant-he is not the defendant really, he is the plaintiff there is a counterclaim, but you would not understand it. Yes

or no?

5

The silent amazement with which the unhappy witness received this question but reflected the astonishment of every one in court. Yet, so lightly appraised a lucidity of speech in high legal quarters, that this nameless and now deceased silk was afterwards rande a county court judge.

A JUDGE'S MONOCLE. Emphatically, choice phrases and elegant diction are not essential aids to success at the Bar. In further proof of this statement is the following verbatim extract taken from a speech made in the Court of Appeal. by a certain King's Counsel, "star" of the profession, who

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Skirts remain short, though the best But designs are not made knee-high, but about he is not diservet, He is bot on the fourteen inches from the ground. trail and blind to danger. He puts more We are returning to the collar, and questions on the and point, and the wit- ness, beginning to suspect that he kris many frocks express the teatis-shirt col-M W. H. Bourne been unwary and has said too much, lar re-popularised by Captain Molyneux. Mr & Mrs R. La wriggles away, and so the advantage who decides that, as skirts are short,

necks shall be covered a little more to Miss P. W. Brown counsel had gained is half surrendered.

Mr 8. D. Caruthers Contrast this method with that of the keep the balance... cool and tactful counsel. He worke

Bever

sash, i

A Bond Street firm shows some de-

Mr M. J. Breen

Bridger

Carpenter

Mru I. H. Cormack

Cornell

Edwards

Eustace

Mr & Mrs W. A.

Franklin

It has been deemed that the tunic Capt. & Mr J. 0. placidly along vulnerable paths, attempts shall remain with us, though it must Mr S. H. Cis no falls by theer foret, hit romplishes vince some hint of a waist line, even Mr IL. B. Cleland

low belt or flat swathed Miss M. Cooper them none the less. He is the exponent of forensic ju-jita as opposed to the only by a catch-as-catch-can style-never Aurried,

overbearing, never offensively Afternoon gowns depart but at iota Mr & Mrs W. A. has the deserved honour of being regard. abrupt An assumption of friendly con- from the jumper-dress, retaining the Mr & Mrs J. D. Danby ed as one of the most popular men at the sideration for the adverse witness gives classic simplicity but differing in that Mr N. C. Donald

him footing at the outset. To render they possess pleated side panels, flat or LtCol. E. A Dobbin Bar to-day, The excerpt may be accepted assistance over difficult ground would ap-gathered aprons, or open on to an e- Major Mrs H. B. as thoroughly dypical "of his normal and

pear to be his main concern. Com,broidered under-dress. very peculiar style of delivery;

come," he will shortly say when the wit-1 At the trial-the close of it-ny friendness's marry is at tanit, let me see

Mr R. E. Farrell, had the advantage of replying upon me if I can help you." If he then fails to lightful examples of these gowns, one because because I was placed in the get the answer he has set his mind upon, Very popular model being carried out Mr D. Fitzgerald difficulty of putting in-putting in the he shows no anger. But a terrible tenn- in bieu marau with close fitting sleeves, Mr A. Forbes. "SELTONA" is a Daylight Printing Paper coroner's notes; but for the purpose for city is his forte, Depend upon it, he will a low waist line, and a fat pleated Miss M. Forbes requiring no toning. Ne medium is capable of the purpose of iny case all the material soon be approaching the same good by tablier beginning at the right side-front Mr B. 1. W. Foster producing Prints of Better Quality or more the materiál before the jury. another route. Should he gain it. he ex-und being carried round to the left side Mr&Mrs F. F. F. Artistic Colour, yet it is the simplest possible There nothing that I-nothing presses conquering satisfaction, but back.

Lt. G. C. Frederick Photographic Pajer to work."

that I could call evidence

For dull days we choose all shades of L Uel. F. G. Fitz upon. most likely utters a composed Ah I then

going back-going Tuck am sorry. Mr. Blank, It has taken us grey, Beige and honey and dull wines to what the matter

was sich a long time to get ad fan. Perhaps with an ocasional hock-bottle green, anil, complained of, and looking at what it was my fault." It is then too late ever, black; whilst for sunny days looking at what the matter is that is for Me Blank to deny it, but he is in- we may wear leaf greens, all shades of complained of in the Bbel. I submit that wardly tormented. To persuade the

byacinth and a variety of blues, the real question-the real question to victini into weaving the bonds that are Made in the following Grades

which the minds of the jury-the minds to enwrap,him is, after all, the high art GLOSSY, MATT, GRAY, ANTIQUE WHITE of the jury were directed was the ques of cross-examination; and though success ANTIQUE CEZAK,

tion," and so on ad lib.

may sometimes come through methods Remotely or directly, all these state Mr. Howell What the cultivated tongue fails to which. because of their showines are by meats and anecdotes have a bearing on Miss O. O. Jenkins achieve sometimes attributed to other many prople considered smart," it is the suggestion made at the outset, that Mr T. L. Jenkins instruments-single finger trickery with never so certain as when sought by suber too little attention is paid now-a-days H. A. Johnson

Mr G. 8. Hugh-Jones to forensic elocution. How an eyeglass, or a pencil, or a yard of legal methods.

many mein- bers of the Bar have made such a sy [111 red tape. Observant people claim to have.

tematic study of elocution as did its I seen wonderful Impressións made upon

juries and witnesses by these simple, silent i Tears are eloquent, and the tear that doyen, Sir Edward Clarke, K.C., whose forces. They may be right or wrong. But. flows for others woes may be consider musical voice and choice diction have so the writer can supply concrete illustra, ed a delicate weapon in the armoury of alien captivated Court listeners, but are Mr & Mrs F. Alzman tion from his own observation of havoc emotional counsel whows vocabulary is now, unfortunately, never heard. Some Mr. Brooks played upon the argument of a certain exhausted. In at least one place the of his narratives in opening a ease were Mr J. B. Coz

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**HONGKONG WEEKLY

PRESS"

by the interposition of a judge's lachrymose habit has been included in models of form and delivery. Sir Ed Mr W. B. Cuff monocle Again, the incident is drawn the list of prizeable legal attainments, ward has himself told how he acquired Mr W. C. Dickinson from the Court of Appen!.. The judge was Records stato that the Supreme Court of such excellence, and, incidentally, how Mr & Mrs H Sir Robert Rumer, who was accustomed Tennesse has laid it dawn that counsel's neglectful have been the Inox of Court to use a monocle. One day the counsel tears are a legitimate and even desirable in the matter, Here are his words when submitted to the Court a particularly weapon of advocacy ou appropriate occu-speaking of his student days: subtle argument When the drift of this on plaintiff in that breeding-place There was another study to which i was perceived by Sir Robert, he hastily of original ideas once alleged that the seriously devated myself. It was the study placed his lens in position, hent forward, tearful address of the defendant's coun-of rhetoric, an art so valuable, indeed, and looked intently at counsel-did noth-sel had unduly weighed with the jury, so essential to the advocate who wishes ing more; spoke not a word. The effect and the appellate Court, after bearing to be something more than a desultory wine instantaneuns.

2 Counsel paused, argurient, on the point; in effect came to prattler, that one would think no pres showed signs of distress, then quietly this decision:

sure would be needed to induce the Inna observed; "Oh well, if your lordship "Tears have always been considered a of Court to trach. it, or to induce stud. thinks like that there is nothing more to legitirane argument before a jury. To ents to learn and practise it. But there he said," and sat down. No language have recourse to them would appear to be is so teaching at the Inns; the Benchers could have been more eloquent than that one of the natural rights of counsel for the most part never.studied it them gleaming disc of glass,

which a court or constitution could take selves, and have managed to get on with Forensic oratory aufers, dreadfully away. Indeed, if counsel has then at dut it; and I have found students so from that dreary unemotionalism which band, it may seriously be questioned whe well satisfied with their own espacity for places the style of speech and the subject ther it is in his professional duty to saying whatever they want to say, that entirely out of harmony. There are law-shed them if proper occasion arises. But I have almost invariably failed to persunde vers who treat atrocious fraud, simple he must not by so doing impele or delay them to acquire one of the pleasantest and certainly the best paid of the arts. GILMAN & Co., LTD., evident, and comic episode ne on the the business of the court."

same plane, and apply to them the saine So it is not to be tolerated, even in Is is probable that with the advent of women counsel at the Law Court the colour medium. Once cyclist brought Tennessen, that the Court should stand an action to recover damages for per adjourned until lachrymose counsel has refinements of oratory, for which advo sonal injuries caused by a stray fowl recovered composure,

eney is so aurairahle a vehicle, will mores upsetting his machine. There was an ele

often be heard!-The Daily Telegraph..

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[24

(Continued on next Column).

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1925

addressed as follows's

W

: